HomeMy WebLinkAbout20000880.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN - ROBERT BAUMGARTNER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Nonexclusive License Agreement for
the Upgrade and Maintenance of a portion of Weld County right-of-way between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Robert Baumgartner, 1564 Manor Way,
Brighton, Colorado 80601, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Nonexclusive License Agreement for the Upgrade and
Maintenance of a Portion of Weld County right-of-way between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Robert Baumgartner be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ►I�i/�:•r •i�!, /a, � l l( ✓ T� " /?� /�'
:arbara . Kirkmeyer, t hair
Weld County Clerk to th - �,. •j ��
O
> ,roTe)'
rge Baxter
APPROVT±D AS TO b
C' ( Dale K. Hall
C6unty Attorn / ,U! //
Glenn Vaad
2000-0880
EG0039
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
n „ 4 AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
�f t THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 11th day
of April, 2000, by and between WELD COUNTY, COLORADO, by and through the Board of
County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley,
Colorado 80631, as First Party, and Robert L. Baumgartner, whose address is 1564 Manor Way,
Brighton, CO 80601, as Second Party.
WITNESSETH:
WHEREAS,Second Party desires to more effectively access property located at N%Y,NE 1/4,
NW 1/4, except the east 100' Section 31, Township 1 North, Range 66 West in Weld County,
Colorado, and
WHEREAS, First Party is the owner of the right-of-way located as follows: North line of
Section 31, Township 1 North, Range 66 West in Weld County, Colorado, which is hereinafter
referred to as "Right-of-Way," and
WHEREAS, Right-of-Way is currently not being maintained by First Party, and
WHEREAS, Second Party wishes to upgrade and thereafter maintain Right-of-Way at
his/her/its sole expense in order to provide said more effective access.
NOW,THEREFORE,in consideration ofthe covenants contained herein and the agreements
of said Second party to be performed hereunder, and upon the conditions herein stated, First Party
does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and
maintain Right-of-Way without gating or fencing across the same.
The conditions by which Second Party may upgrade and maintain Right-of-Way arc as
follows:
1. First Party retains the right to revoke this Nonexclusive License Agreement at any
time for any reason,but such revocation shall not prohibit Second Party's continued use ofthe Right-
of-Way for access to Second Party's property,to the extent that such continued use is consistent with
the right of the public to use the Right-of-Way. First Party shall give Second Party written notice
of its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the
intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its
address written above or served upon Second Party in accordance with the Colorado Rules of Civil
Procedure. Second Party shall have the duty of informing First Party of Second Party's change in
address from his address written above.
2. The upgrade and maintenance ofRight-of-Way by Second Party shall be done in such
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manner as prescribed by First Party,which manner shall include,but not be limited to,the following:
a. Right-of-Way shall he constructed and maintained as a graded and drained all-weather
road.
b. If the installation of a cross culvert is required through an existing drainage
pattern or ditch, Second Party shall be responsible to supply and install such culvert,
which shall be inspected by First Party to ensure adequacy of capacity, strength, and
length. Second Party shall he responsible to maintain the culvert after its
installation, including periodically cleaning the same.
c. If the installation of a cattle guard is required, Second Party shall be responsible to
supply and install such cattle guard, which shall meet County standards. Second
Party shall be responsible to maintain the cattle guard after its installation, including
periodically cleaning the same.
d. This Nonexclusive License Agreement does not grant the right to gate or fence
Right-of-Way for private use, but is intended to provide access to private property.
3. The upgrade and maintenance of the Right-of-Way by Second Party,including those
items set forth in Paragraph 1., above, or any other requirements stated by First Party, shall beat its
own expense and without the aid or use of Weld County funds. Second Party shall be responsible
for snow removal from Right-of-Way as part of the maintenance responsibilities referred to herein.
4. Except for the negligence of First Party, Second Party shall indemnify and save
harmless First Party, its successors, assigns, employees, and agents from any damage or loss
sustained by them or any of them arising by reason of Second Party's negligence with respect to the
upgrade and maintenance of the Right-of-Way.
5. Except for the negligence of First Party,Second Party agrees to protect First Party and
save and hold it harmless from any and all third party claims and damages that said upgrade and
maintenance may directly or indirectly cause and hereby releases First Party,its successors, assigns,
employees, and agents from any and all claims and damages of whatsoever character to property
owned by Second Party resulting from any act, either on the part of the First Party or on the part of
any third party.
6. Second Party shall not assign any or all of its rights under this Nonexclusive License
Agreement without first obtaining written consent to such assignment from First Party, which
consent shall not be unreasonably withheld.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein, and no oral
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representation,promise,or consideration different from the terms herein contained shall be binding
on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies
all agreements between the parties hereto and there are no promises,terms,conditions,or obligations
referring to the subject matter whereof other than as contained herein.
8. If any term or provision of this Nonexclusive License Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this Nonexclusive License Agreement, or the application of such terms or provisions,
to a person or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected, and every other term and provision of this Nonexclusive License Agreement shall
be deemed valid and enforceable to the extent permitted by law.
9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess, nor shall any
portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did
not previously exist with respect to any person not a party to this Nonexclusive License Agreement.
10. It is expressly understood and agreed that the enforcement ofthe terms and conditions
of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall
be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement
shall give or allow any claim or right of action whatsoever by any other person not included in this
Nonexclusive License Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Nonexclusive
License Agreement shall be an incidental beneficiary only.
It is mutually understood and agreed that this Nonexclusive License Agreement and all the
terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors,
and assigns.
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLORADO, by and
through the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,
1 . T COLORADO
ATTEST: .;- a
Clerk to the Board 6, > \
r '‘n, _ A
By: w �a Y e ). ',-.;<";,:"1,Y - - Bypizicitati J ,/ iz i //,.
Deputy Clerk (l'\ it • I (Barbara J. Kirkmeyer Chair
(2)�ri:,tV (04/17/2000)
SECOND PARTY:
By: 9C,�F.""//4 , , , ,L.
Title: 6-1r‘rrv-v /
-T acre
SUBSCRIBED AND SWORN to before me this 1„7 day of 4 19-.),Li � ., By
Leo 7J„ / ./ /3,-2,,,,,,r-- _/..—
WITNESS my hand and official seal ,
s a 7/61/ P� -r�� ' /�
Notary Public
My commission expires: y)2cv <?2 j co 9
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�i/.4-1-• •••4I4ll
SANDRA S.'
5 ' WOLLERT .
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4011
MEMORANDUM .
i _ _
TO: Board of County Commissioners DATE: April 13, 2000
COLORADO
FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's April 26, 2000, agenda.
Non-exclusive License Agreement for the Upgrade and Maintenance of
Weld County Right-of-Way between Robert L. Baumgartner and Weld County.
The appropriate documentation is attached.
Enclosures
pc: Diane Houghtaling, Engineering
2000-0380
EGLic
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